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Deal or no deal?

20 November 2008
Issue: 7346 / Categories: Features , Family , Ancillary relief
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Jonathan Herring discusses enforcing

As the family lawyer trudges home after many hours of work his heart is slightly lighter because the day involved a sensible negotiated settlement of a complex case. There were handshakes all round, and although no one was delighted, or even happy, there was a sense of relief that a deal had been struck that was just about acceptable to everyone. But our lawyer’s lightness of heart may be forgotten the next morning when greeted by news that the other side has decided to pull out of the agreement. Inevitably the client will want to know: are they allowed just to pull out of the agreement having shaken hands on it?

Consent orders
Well, yes, is the answer. Until the court makes a consent order, the agreement of the parties is not legally binding. That is why it is sensible to get a consent order made as soon as possible after the agreement has been reached. A judge might be persuaded that if a party pulls out of a negotiated settlement

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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